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HomeMy WebLinkAboutOrdinance - 13-93-PUD-2-93 - Carmody Village Rezoning from Rural to PUD-2-93-RM-6.5 - 03/16/1993 CARMODY VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 13-93-PUD-2-93 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Planned Unit Development RM-6.5 District 13-93-PUD-2-93 (hereinafter"PUD-2-93-RM- 6.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of May 4, 1993, entered into between Carmody Village, and the City of Eden Prairie (hereinafter"Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD- 2-93-RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-2-93-RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-93-RM-6.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-2-93-RM-6.5 are justified by the design of the development described therein. D. PUD-2-93-RM-6.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Planned Unit Development 2-93-RM-6.5 District, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of March, 1993, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 4th day of May, 1993. ATTEST: ae4tL 000 oo.." 1 rane, City Clerk Nouglas B. T npas, Mayor PUBLISHED in the Eden Prairie News on MAY 13 1993 E.Yhibit "A" LEGAL DESCRIPTION Tract A: The Southwest Quarter of the Southeast Quarter of Section 15, Township 116, Range 22, Hennepin County, Minnesota, except that part of said Southwest Quarter of the Southeast Quarter lying northeasterly and northerly of the following described line: Commencing at the northeast comer of sold Southwest Quarter of the Southeast Quarter, thence North 88 degrees 51 minutes 00 seconds West, assumed bearing along the north line of said Southwest Quarter of the Southeast Quarter, a distance of 1020.00 feet, to the point of beginning of the line to be described, thence South 35 degrees 39 minutes 29 seconds East, a distance of 1211.52 feet; thence South 88 degrees 51 minutes 00 seconds Fast, a distance of 300.00 feet to the east line of said Southwest Quarter of the Southeast Quarter and said line there terminating. AND Outlot A, DEER CREEK TWO, according to the plat of record thereof, Hennepin County, Minnesota. CARMODY VILLAGE CITY OF MEN PRAIRIE, HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 13-93-PUD-2-93 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY RE.FRE.RE,NCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at North of Anderson Lakes Parkway at the Carmody Drive Intersection, from Rural to RM-6.5, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/ John D. Frane /s/Douglas B. Tenpas City Clerk Mayor PUBLISHED in the Eden Prairie News on the SAY 13 1993 (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) )SS. County of Hennepin ) Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated as follows: CARMODY VILLAGE (A)This newspaper has complied with the requirements constituting qualification as a legal CITY OF EDEN PRAIRIE newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as HENNEPIN COUNTY,MINNESOTA amended. ORDINANCE NO.13-93-PUD-2-93 AN ORDINANCE OF THE CITY (B)The printed public notice that is attached to this Affidavit and identified as No. L�?� OF EDEN PRAIRIE, M[NNESOTA, was published on the date or dates and in the newspaper stated in the attached Notice,and said REMOVING CERTAIN LAND FROM Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of ONE ZONING DISTRICT AND PLAC- the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both ING IT IN ANOTHER, AMENDING inclusive,and is hereby acknowledged as being the kind and size of type used in the composition THE LEGAL ]DESCRIPTIONS OF and publication of the Notice: LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY abcdefghijklmnopq to yZ CODE CHAPTER 1 AND SECTION 11.99. WHICH, AMONG OTHER THINGS,CONTAIN PENALTY PRO- VISIONS By THECTTYCOUNCILOFTHECTTY SW Rolfsrud, General manager OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows Subscribed and sworn before me on rezoning of land located at North of Anderson Lakes Parkway at the Carmody Drive Intersection, from Rural to RM- 6.5,subject to the terms and conditions this `da of 1993 of a developer's agreement.Exhibit A, included with this Ordinance,gives the full legal description of this property. Effective Date:This Ordinance shall - take effect upon publication. Notary Public ATTEST: Is/John D.Frane City Clerk Isl Douglas Tenpas Mayor (A full copy of the text of this Ordi- nance is available from City Clerk.) (Published in the Eden Prairie News on Thursday,May 13, 1993;No.6768) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space....$10.13 per column inch Maximum rate allowed by law for the above matter ..........................$10.13 per column inch Rate actually charged for the above matter.......................................... $6.49 per column inch